FAQs on Land Ownership-2

8/19/2019 FAQs on Land Ownership-2

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LAND

OWNERSHIP

FAQs on:

DEPARTMENT OF AGRARIAN REFORM

Diliman, Quezon City. Philippines


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2 Department of Agrarian Reform

Land Ownership

What is a land ti tle?

A land t itle is the evidence of the right of t he owner or t he ext ent of his/ herinterest, and by which means he/ she can maintain cont rol and as a rule assert righ tto exclusive possession and enjoyment of the property. The document is

entitled the Certificate of Title. (Peña, Registration of Land Titles and Deeds,Revised Edi tion, 1988)

Is a land title different from a deed?

Yes. Land tit le refers to the evidence of the right of the owner while deed refers to awritten document executed in accordance with law, wherein a person grants orconveys to another a certain land. (Peña, Registration of Land Titles and Deeds,Revised Edi tion, 1988)

Examples of a deed: Deed of sale, deed of donation, deed of mor tgage, leasecontracts, etc.

Why is a land title important?

Land tit le is import ant because it is the only document t hat would prove a person’sownership over a piece of land.

What information is contained in the certif icate of title?

The cert ifi cate of tit le contains the following: ( Aquino, Amado D., Land Registrationand Related Proceedings, Revised Edit ion, 1997)

! The full name of the owner, including the civil status, and the name of the

spouse if married, the nationalit y and residence and postal address;

! Technical descript ion o f t he land; and

! Annotations of the transactions made by the owner and other pertinent

information.

Annotation is a remark, note, case summary, statutory provision, intended toillustr ate or explain its meaning.

What is the limitat ion on certi ficates of title?

A certif icate of t itl e shall not be subject to collateral. It cannot be altered, mod ifiedor cancelled except in a dir ect proceeding in accordance with law. (Pres. DecreeNo. 1529, Sec. 48)


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What document is issued to the registered owner of the land?

The owner’s duplicate Cert if icate of Title is issued by the Register of Deeds in thename of t he person in whose ownership of the land was decreed and t his is given tothe registered owner. (Pres. Decree No. 1529, Sec. 41)

In cases of co-ownership, can each co-owner have a copy of the duplicatecerti ficate of t itle?

Yes. A separate duplicate certificate of title may be issued to each of the co -ownerin the same form. The Register of Deeds shall note on each certificate of title a

statement as to whom a copy was issued. (Pres. Decree No. 1529, Sec. 41 )

Can an Agrarian Reform Beneficiary (ARB) acquire t itle to his/ her land awarded

through PD 27 or RA 6657 ?

Landownership of the beneficiary of CARP shall be evidenced by a Certi fi cate of

Land Ownership Award (CLOA). The certificate shall contain the restrictionsprovided in R.A. 6657, and shall be recorded in the Register of Deeds concernedand annotated on the cert ificate of tit le. (Republ ic Act No. 6657, Sec. 24)

A Certificate of Land Transfer shall be issued in duplicate by the Department ofAgrarian Reform for every land brought under Operation Land Transfer. Theoriginal shall be kept by the beneficiary, and the duplicate in the Registry of Deeds.After t he ARB’s shall have ful ly complied with the requirements for a grant of tit leunder P.D. 27 , an Emancipation Patent (EP) shall be issued by DAR. (Pres. DecreeNo. 1529, Sec. 105)

Land Registrat ionSystem and Procedures

What is land registration?

Land Registration is the process wherein t he state provides a public record of the

lant t itl e itself upon which a prospective purchaser or someone else interested m ayrely. (Peña, Regist rat ion of Land Tit les and Deeds, Revised Edition, 1988)

What is the purpose of land registrat ion under Torrens system?

The real purpose of the system is to quiet title of land; to put a stop to any

question of the legality of the title, except claims, which were noted at the time ofreg istration. (Peña, Registration of Land Titl es and Deeds, Revised Edi tion, 1988)


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What system of registration have we adopted in the Philippines?

In order to simpl ify land registration p roceedings, Torrens System was adopt ed inthe Philippines. A Torrens title is the certificate of ownership issued under theTorrens system. (Peña, Registration of Land Titles and Deeds, Revised Edition,

1988)

What is the basic law governing land registrat ion?

President ial Decree No. 152 9 was issued on June 11, 1978, known as the PropertyRegistration Decree, governing registration of lands under t he Torrens system. This

decree supersedes all ot her laws related to registration of property.

What is the coverage of PD 1529?

The law is broad in scope as it covers:

! Original registration of t itl e bot h ordinary registration p roceedings and cadastral

registration proceedings

! Registration of voluntary dealings and involunt ary dealings

! Reconstit ut ion of lost or destroyed original of Torrens tit le

Why was the Property Registration Decree issued?

The Property Registration Decree amended and codified the laws relative to

registration of property, in order to facilitate the effective implementation of landregistration. It was also intended to strengthen and simplify registrationproceedings and the issuance of the certificate of t itle.

Certificate of title is the transcript of the decree or registration made by theRegister of Deeds.

What are the other laws related to land registration?

Befo re t he issuance of the Property Registration Decree, the basic law on theadjudication and registration of tit les to lands in the Phili ppines was the Land

Registration Law (Act No. 496), which took eff ect on February 1, 1903. Most o f t hegoverning principles of the Torrens system resulted from the application,construction and interpretations of its provisions. Thus, past and current ruling ofthe Supreme Court on land registration of title usually refer to particularprovisions of said Act.


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To bring more lands under the operation of Torrens System, subsequent lawswere enacted, such as: Act 2259, otherwise known as the Cadastral Act and

Comm onwealth Act 141 , also known as the Public Land Act.

The other system of recording is governed by Section 194 of the RevisedAdministrative Code, as amended by Act 3344. This law provides for the

registration or recording of t ransaction, affecting unregistered lands.

What court has the jurisdiction over the registrat ion of title?

The Regional Trial Courts now have plenary jurisdiction over land registrationproceedings.

The Property Registration Decree provides that said courts shall have exclusive jur isdict ion over all appli cat ions for or ig inal regist ration of t it le to lands, includ ingimp rovements and interests therein, and over all petitions filed after original

registration of title, with power to hear and determine all questions arising uponsuch application or petit ions.

The court th rough it s clerk of court shall fu rnish the Land Registration Commissionwith two certified copies of all pleadings, exhibits orders, and decisions filed orissued in applications or petitions for land registration, with the exception ofstenographic notes, within five (5) days from the filing or issuance thereof. ( Pres.Decree No. 1529, Sec. 2, 1978 )

What is the nature of land registration proceeding?

Sec. 2 of the Property Registration Decree (P.D. No. 1529) provides that “judicialproceedings for the registration of l ands throughout the Philippines shall be in remand shall be based on generally accepted pr incip les underlying t he Torrens system”.

A pr oceeding in rem , binds all persons known and unknown, and t he tit le issued asa r esult is binding and conclusive upon the whole world.

What is the role of the Register of Deeds?

The office of the Register of Deeds constitutes a public repository of records ofinstruments affecting registered and unregistered lands in the province or city

wherein such of fice is situated.

It shall be the duty of t he Register of Deeds to immediately register an instrumentpresented for registration dealing with real or personal property which complies

with all the requisites for registration.

It shall see to it that said instrument bears the proper documentary and sciencestamps and that the same are properl y cancelled. (Pres. Decree. No. 1529, Sec. 10)


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Land Ownership

What are the k inds of land registration?

There are two kinds of land registration: original registration and subsequentregistration.

What is the difference between original registration and subsequentregistration?

Original Registration is when t he land has been adjudicated and decreed in t hename of its owner in a registration p roceeding and the titl e issued for t he first timein pursuant of such decree is the Original Certif icate of T itle (OCT).

Whereas, subsequent registration is when the land t it le is cancelled and replaced byanother title by reason of sale or transfer. The new certificate issued is TransferCertificate of Title (TCT). All subsequent ti tles are known as Transfer

Certificates.

Original Certificate of Title is a tr ue copy if the decree of r egistr at ion. It is signedby the Admin istr ator , entered and filed in the Land Registr ation Author ity.

How do we acquire original certi ficate of tit le or original registrat ion?

The fol lowing are the steps for the acquisition of orig inal certif icate of ti tle:

1. Survey of Land. Lands shall be measured by a licensed surveyor who will prepare

the plan on a tracing cloth or Diazo Polyester Film .

2. Approval of Plan. The Director of the Bureau of Lands must approve plan where

property is located.

3. Filing of Application for Registrat ion. The appli cation for land registration must

be typewritten and be filed at the Regional Trial Court where the property islocated.

Attachments/ Requirements:

! Seven Copies (7) of application

!

Original Plan

! Three (3) copies of t echnical descript ion

! Three (3) copies of cert if icates from the surveyor

! Four (4) latest Tax Declaration or Assessment Certificate from the Assessor’s

Office


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4. Land Registration Case Number. The Clerk of Court shall give or assign a Case

Number upon the filing of application.

5. Date of Hearing. The court will schedule the hearing of the appli cation pursuant

to Sec. 23 of P.D. No. 1529 and LRC Circular No. 353. The notice of the courtorder for the first hearing will b e sent to LRA together wit h the duplicate copy ofthe application, original or certified copy of the plan, duplicate original copy ofthe t echnical descript ion, surveyor’s certif icate, latest t ax declaration, and receiptof the publication fee.

6. Publication. The notice of in iti al hearing prepared by the LRA must be published

once in an off icial gazette and also in a newspaper for general circulation in thePhilippines. The fee for the publication is PhP 1,012.50 for the first one lot andPhP 322.50 for every lot in excess of the first lot. The applicant will give thepayment to the Clerk of Court upon filing the application. This will be given tothe Director o f National Prin ting Of fice (NPO).

7. Oppositions. All those who claim ownership or may have an in terest over the land

or property may file an opposition at the court so that they will be heard.

8. Evidence. The applicant and the oppositions will present evidence on their

ownership claim during the hearing.

9. Decision. After t he hearing, the court wi ll give its decision in favor of person who

has presented suff icient evidence of his/ her ownership. Once the decision isfinal, the court will order the Administrator of the LRA to give a Decree of Registration on t he said owner.

10. Decree of Registration. Upon receipt of the Court Order, the Administrator of

LRA will have a transcription of the Decree of Registration in the registration

book. The number of the Decree of Registration will be typewritten on theOriginal Certificate of Title. The original and owner’s duplicate copies will bedelivered to t he Register of Deeds where the property is located.

11. Certificate of Title. Once the Register of Deeds receive the original and

dupl icate copies of t he Certif icate of Original Registration, an OCT number willbe given, then it will be kept in the vault of the Registry. The Register of Deeds

will issue the owner’s dup licate original certif icate of t itl e to the applicant.

A cert ificate of t itl e issued without ful ly comp lying with the above requisites are

illegal and invalid and may be cancelled by the court. ( Land RegistrationAuthority)

Who may apply for the original registration proceedings?

Section 14 of the Propert y Registration Decree, provides that t he following personsmay file in the proper Regional Trial Court an appl ication for original registration of

tit le to land:


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Land Ownership

! Those who by themselves or through their predecessors-in -interest have been in

open, continuous, exclusive and notorious possession and occupation o f alienableand disposable lands of public domain under a bona fide claim of ownership sinceJune 12 , 1945, or earli er.

! Those who have acquired ownership of private lands by prescription under the

provisions of existing laws.

! Those who have acquired ownership of private lands or abandoned riverbeds by

right o f accession or accretion under t he existing laws.

! Those who have acquired ownership of land in any other manner provided for by

law.

Where the land is owned in common, all the co -owners shall file the application joint ly.

How may subsequent registrat ion be accomplished?

Subsequent registration involves voluntary and involun tary dealings with registeredlands.

Voluntary dealings r efer to deeds, in struments or documents which ar e the r esult sof the fr ee and voluntar y acts of the par ties.

Involuntary dealings refer to such writs, order or process issued by a court ofr ecor d aff ecting r egistered land which ar e not the willf ul acts of t he register ed owner and wh ich may have been executed even wi thout h is/ her knowledge or

against his/ her consent.

What are the example of voluntary dealings and involuntary dealings?

Example Voluntary Dealings:

! Sales

! Conveyances or transfers of ownership over t itl ed property, mor tgages and leases

! powers of att orney

! trusts

Examples of involuntary Dealings ! Writ s of attachment

! Injunction or mandamus,

! Sale or execution of j udgm ent or sale for t axes,

!

Adverse claims and notice of lis pendens .


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Li s pendens – a notice of pending litigation; a warning to the whole world that onewho buys the pr oper ty so annotat ed does so at hi s/ her own r isk. (Rehabilit ation

Finance Corp. v. Mor ales, 101 Phil . 175)

What is the difference between voluntary and involuntary registration?

In voluntar y registr ation of documents/ instruments, the holder of a certificate ofti tle, presents and fil es a duly notarized and valid deed of sale and t he same is

entered in the daybook (primary entry book) and at the same time he/ shesurrenders or presents the owner’s duplicate certificate of title covering the landsold and pays the registration fees.

On the other hand, in cases of involuntary r egistr ation of documents an entry inthe daybook of the Registry of Deeds, is suff icient not ice to all persons even if t heowner’s dup licate cert ificate of t itl e is not presented to the Register of Deeds.

Is a deed of sale or a mortgage document sufficient to convey ownership of

land?

No. The deed of sale or a mor tgage document is not suffi cient to convey ownershipof land. The mere execution of deeds of sale, mortgages, leases other voluntarydocuments serves only two purp oses:

! As a contract between the part ies

! As evidence of authorit y to the Register of Deeds to register such documents

Sec. 51 of P.D. 1529. Conveyance and other dealings by registered owner. Anowner of registered land may convey mortgage, lease, charge or deal wit h t he same

in accordance with existing laws. He/ she may use such forms of deeds, mor tgages,leases or other volunt ary documents/ instruments as are sufficient in law. But nodeed, mortgage, lease or other voluntary documents, except a will purporting toconvey or affect registered land, shall take effect as a conveyance or bind the land

but shall operate only as a cont ract between the part ies and an evidence ofauthori ty to the Register of Deeds to make registration.

Why is the registration of document/ instrument important?

Registration of documents/ instruments is the operative act that transmit s o rtransfers title. Absent such registration, a conveyance does not affect or bind theland. Thus, it has been held that when a portion of registered property was sold

and the sale was duly registered (and annotated in the certif icate of ti tle of thevendor), the vendee technically becomes the owner o f t he sold por tion of the sale,notwithstanding t hat the tit le to the property is still in the name of the vendor. The

rule extends even to a sale of real estate as a result of a foreclosure or execut ion sale, which becomes legally effective against third persons only from itsregistration.


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Land Ownership

What is the effect of failure to register?

If registered, the documents acquired validit y as a conveyance or lien f rom the t imeof registration; and as the law states unless such act is performed said deed doesnot serve as a deed of conveyance and cannot bind the property, it f ollows that

until then, the registered righ t of the owner exists.

Is entry in the day book a sufficient accomplishment of registrat ion?

No. In t he case of Bass vs. Dela Rama, a question was raised as to whether an entryof a document in the daybook of the Register of Deeds maybe considered sufficient

to accomplish registration . This was answered in t he negative. While the effect o fregistration retroacts as of t he date of entry of the document in t he daybook of t heRegister of Deeds, registration i s not considered accomp lished, unt il and unless amemorandum of such document is made on the certif icate of ti tle.

It maybe contended that in sec. 52 of P.D. 1529, which declares the effect ofregistration, and in sec. 54, which specifies the manner of registration are

complementary to each other and should be interpreted together. To hold that thenew ent r y of document in the daybook, without not ing it on the cer ti fi cate of ti tle, issuf fi cient r ender Sec. 54 nugat ory, and destroy one of the pr incipal featur es ofthe Tor r ens System of registr at ion, r equir ing all encumbances on the land or

estates ther ein be shown at least int imat ed upon the cer tif icate of tit le.

What are the procedural requisites for the voluntary registration ofdocuments?

The following are required for t he registration of voluntary documents/ instruments:

1.

The instrument or document shall be in a form suffi cient i n law and according to

Sec. 55 of P.D. 1529:

Every deed or other voluntary instrument presented f or registr ation shall:

! contain the fu ll name , nationality, residence and postal address of the grantee;

! contain the name of other person acquiring or claiming an interest under suchinstrument;

! state whether the grantee is married or unmarried, and if married, the name in fu llof t he husband or wi fe.

! If the grantee is a corporation or association, the instrument must contain a recitalto show that such corporation or association i s legally qualified to acquire privatelands.


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Any change in the residence or postal address of such person shall be endorsed bythe Register of Deeds on the original copy of t he corresponding certif icate of t itl e,

upon receiving a sworn statement of such change. All names and addresses shallalso be entered on all certif icates.

2.

The instruments or deeds with their copies shall be presented t o the Register of

Deeds.

3.

The owner’s dup licate cert ificate of ti tle over the land subject of t he instrument

must also be presented to the Register of Deeds.

What is the registration procedure when deed of sale or conveyance and transfer

covers the whole titled property?

If the instrument involves the entire property covered by the certif icate of t itl e:

!

The registration of deeds of sale or conveyances and transfer follows the samegeneral procedures and entered in the prim ary book of ent ry.

! In addition, the Register of Deeds makes out in the registration book a new

certi ficate of tit le to the grantee, furnishing h im an owner’s dup licate cert ifi cate.

! The original and the owner’s duplicate certificate of the grantor shall be stamped

“cancelled”.

What is the procedure for the registrat ion when the conveyance involves only a

portion of the titled property?

If a deed of conveyance is for a part only of the land described in a certificate of

title:

! The Register of Deeds shall not enter transfer certificate of title to the granteeunt il a survey plan of such land showing all the port ions or lots into which ithas been subd ivided;

! The correspond ing technical descript ions shall have been verif ied and approved

pursuant to Sec. 50 of this decree.

Such deed may only be annotated by way of memorandum upon the grantor’scertificate of tit le, orig inal and dup licate. Said memorandum t o serve as a not ice tothird person of the fact that certain unsegregated portion of the land describetherein has been conveyed, and each certificate with such memorandum shall beeffectual for t he purpose of showing the grantee’s tit le to the port ion conveyed tohim/ her, pending the actual issuance of t he correspond ing certif icate in his name”. (Pres. .Decree. 1529, sec. 58).


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MORTGAGES AND LEASES

What is the basic characteristic of mortgage?

Mortgage may be characterized as all embracing, inseparable and indivisible. It is all- embracing because under Art. 21 27 of the Civil Code:

Mortgage is an interest in land created by a written instrument providing securityfor the performance of t he duty or the payment of a debt. “The mortgage extendsto the natural accessions, to the improvements, growing fruits, and the rents or

income not yet received when the obligation becomes due, and to the amount ofthe indemnity granted or owing to t he proprietor from the insurers of the propertymortgaged, or in virtue of expropriation for public use, with the declarations,

amplif ications and limit ations established by law, whether t he state remains in thepossession of the mor tgagor, or it passes into the hands of a third person”.

Is there a need to register the deed of mortgage or lease?

Yes. Section 60 of P.D. 1529 requires that deeds of mortgage or lease and allinstruments which assign, extend, discharge or otherwise deal with the mortgageor lease shall be registered and shall take effect upon t he tit le only from the time ofregistration.

Lease is any agreement, wh ich gives, rise to relationship of l andlord and tenant.

What is the procedure for the registrat ion of mortgages and leases?

The procedure for registration of mortgages and leases follows the generalprocedure for registering those which do not divest the ownership or tit le from the

owner. They shall be registered:

! By fili ng t hem wit h the Register of Deeds

! A brief memorandum shall be made by the Register of Deeds upon the cert ificate

of t itl e and the owner’s duplicate and shall be signed by the Administrator,

! The discharge, cancellation or extinguishments of such encumbrances or in terests

shall be registered in the same manner. (Sec 54, P.D. 1529)

Encumbrances is anything that impairs the use or transfer of property; anythingwhich constitutes a bur den on a ti tl e; a bur den or charge upon pr oper ty. (Phil. LawDictionary, by Feder ico B. Mor eno)


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What are the governing laws and rules on mortgage and lease?

Mortgage is governed by Articles 2085 to 2092 (dealing on provisions common topledge and mortgage) and Articles 2124 to 2131 of the Civil Code; th e MortgageLaw; Rule 68 of the Rules of Court (on judicial foreclosure of mor tgage); and

and Act No. 3125 as amended by Act 4118 (on extra- jud icial foreclosure ofmortgage). Lease of lands, in general, is covered by Article 1646 to 1688 of theCivi l Code.

What wil l happen if the mortgage was foreclosed?

“Sec. 63. Foreclosure of mort gage:

If the mor tgage was foreclosed judicially:

!

A certified copy of the final order of the court confirming the sale shall beregistered with t he Register of Deeds.

!

If no right of redemption exists, the certificate of title of the mortgagor shall be

cancelled, and a new certif icate issued in t he name of the purchaser.

! Where the right of redemption exists, the certificate of title of the mortgagor shall

not be cancelled, but the certifi cate of sale and t he order confirming the sale shallbe registered by a brief memorandum made by the Register of Deeds upon thecerti ficate of ti tle.

!

In the event the property is redeemed, the certificate or deed of redemption shallbe filed wi th the Register of Deeds, and a brief m emorandum shall be made by theRegister of Deeds on the certif icate of tit le of the mortgagor.

! If the property is not redeemed, the final deed of sale executed by the sheriff in

favor of the purchaser at a foreclosure sale shall be registered wi th the Register ofDeeds, the t itl e of t he mor tgagor shall be cancelled, and a new certif icate issued inthe name of the purchaser.

If the mortgage was foreclosed extr a - judicia lly:

!

A certificate of sale executed by the officer who conducted the sale shall be filed

with the Register of Deeds who shall make a brief m emorandum on the certificate

of title.

! In the event of redemption by the mortgagor, the same rule provided for in the

second paragraph of th is section shall apply. (The cert ifi cate or deed ofredempt ion shall be filed with the Register of Deeds, and a brief memorandum


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shall be made by the Register of Deeds on the certificate of title of themortgagor.)

! In case of non-redempt ion, the purchaser at f oreclosure sale shall f ile with the

Register of Deeds, either a f inal deed of sale executed by the person authorized by

virtue of the power of attorney embodied in the deed of mortgage, or his/ hersworn statement attesting to t he fact of non -redemption.

Power of at torney is an instr ument authorizing another t o act as one’s agent oratt orney. The agent is att orney in fact and h is power is revoked on the death of t hepr incipal by oper ation of law.

The Register of Deeds shall issue a new certificate in favor of the purchaser afterthe owner’s duplicate of the cert ificate has been p reviously delivered and cancelled.

What is the CARP rule on the foreclosed agricultural land?

Sec. 25 of Republic Act 337, otherwise known as “The General Banking Act”provides that acquired and mortgaged agricultural land foreclosed by banks shallbe disposed of wit hin f ive (5) years aft er foreclosure. (A. O. No. 1, 20 00)

Can banks and other institutions acquire title to lands subject of a mortgageright or interest?

Yes. Section 71 of R.A. 6657 provides that banks and other financing institutionsallowed by law to hold mortgage or security interest in agricultural lands may

acquire tit le to mortgaged properties, regardless of areas, subject to existing laws

on compulsory transfer of foreclosed agricultural lands and acquisition asprescribed under Sec 16 o f R.A. 6657. (A.O. No. 1, 2000)

Procedures for Titling and Registration of LandsCovered by PD 27 and R.A.6657

Are ARBs required to register their lands acquired through PD 27 and RA 6657?

Yes. The Department of Agrarian Reform (DAR) shall prepare by automated dataprocessing a special registry book to be known as the “Provisional Register ofDocument s issued under P.D. 27” which shall be kept and maintained in every Registry

of Deeds throughout t he count ry.

Said Registry shall be a register of :

! All Certif icates of Land Transfer (CLT) issued pursuant to P.D. No. 27 ; and


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! All subsequent transactions affecting Certificates of Land Transfer such as

adjustments, transfer, duplication and cancellations of erroneous Certificates ofLand Transfer. (Pres. Decree No. 1529, sec 104)

The DAR shall pursuant to P.D. 27 issue in duplicate, a Certificate of Land Transfer for

every land b rought under “Operation Land Transfer”, the original of wh ich shall be keptby the Agrarian Reform Beneficiary (ARBs) / tenant -farmer and the dup licate, in theRegistry of Deeds.

After the ARBs/ tenant -farmer shall have fully complied with the requirements for agrant of title under P.D. No. 27, an Emancipation Patent (EP) which may coverpreviously tit led or unti tled property shall be issued by the Department.

The Register of Deeds shall complete the ent ries on the EP and shall assign an originalcert ificate of t itl e number in case of unregistered land.

In case of registered property, the Register of Deeds shall issue t he correspondingtransfer certificate of tit le without requiring the surrender of t he owner’s duplicate ofti tle to be cancelled.

In case of subsequent transfer of property covered by Emancipation Patent or aCert if icate of Title emanating from an EP, the Register of Deeds shall eff ect t he transferonly upon receipt of t he support ing p apers from the DAR. (Pres. Decree No. 1529, Sec.

105)

Are ARBs required to pay for the registrat ion of land tit les?

No fee, premium or tax of any kind shall be charged or im posed in connection with theissuance of an original Emancipation Patent and for the registration of related

docum ents. (Pres. Decree No. 1529, Sec. 105)

What are the basis for land titling and registration procedures of lands under PD

27 and CARP?

Memorandum Circular No. 09, Series of 1996 was issued, directing all DAR personneland LRA to adopt the Joint DAR-LRA Operations Manual on Titling and Registration ofLands under the Comprehensive Agrarian Reform Program.

The operations manual provides uniform and simplified procedures and requirementsin the documentation and registration of land transactions under the Agrarian ReformProgram of the government pursuant t o PD No. 27, EO No. 228, RA No. 6657 and otherrelated laws and to define the responsibility of the concerned agency. (M.C. No. 9,Series of 1996 – Adopt ion of a Joint DAR-LRA Operations Manual on Land Titling,

Registration and Dist ribut ion Under CARP.)


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Process Flow for Tit ling and Registration of Tit led Lands

1. Transfer of Private Lands from Landowner to RP

1. Where there is DOT

Step 1

DARPO transmits notarized DOT and requests Register of Deeds (ROD) to issueTransfer Certif icate of Tit le (TCT ) in t he name of RP

Step 2

ROD Registers DOT and issues TCT in t he name of RP

Step 3 Release owner’s duplicate copy of RP-tit le to PARO or his/ her duly author ized

representative

Step 4

DARPO- upon receipt of RP tit le generates CLOA (orig inal and owner’ s dup licate

cert ifi cate) in the name of t he ARB and inscribes the encumbrance/ lien in favorof the LBP

Step 5

Requests ROD to register CLOA

Step 6

ROD registers CLOA

Step 7

Release owner’ s dupl icate copy o f CLOA-tit le to PARO or h is/ her dulyauthorized representative


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What Who

Where

(Place / Groups)

Requirements (Forms/ Documents)

Step 1

Transmittal ofnotarized DOT And requests

for theissuance ofTCT in t hename of RP

DARPO ROD

Lett er request to register DOT and issue RPt it le (CARP Form No. 18-A)

Original copy and two addit ional copies of DOT(CARP Form No. 13 )

Owner’s dup licate copy (ODC) of t it le Realty Tax Clearance up to end including the

quarter prior, t o registration of t he DOT(Sec. 209 - B, R.A. 71 60)

In case of partial coverage, prin t copy ofApproved Segregation / Subd ivision Plan(ASP) and Original copy plus two add it ionalcopies of Technical Description (TD)

Step 2

Registration ofDOT

ROD Registerof Deeds

Same as above

Step 3

Issuance ofTCT in t hename of RP

ROD ROD

Produced by:

Bureau of Agrarian Reform Information and Education (BARIE)Communications Development Division (CDD)